DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Skilled Security Staff Pty Ltd
(AG2019/4189)

ALL SKILLED SECURITY STAFF PTY LTD ENTERPRISE AGREEMENT 2019

Security services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the All Skilled Security Staff Pty Ltd Enterprise Agreement 2019.

[1] All Skilled Security Staff Pty Ltd has made an application for approval of an enterprise agreement known as the All Skilled Security Staff Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 22 November 2019 and, in accordance with s 54, will operate from 29 November 2019. The nominal expiry date of the Agreement is 22 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, All Skilled Security Staff Pty Ltd, sought approval of their Enterprise Agreement 2019 from the Fair Work Commission. The nature of the dispute centred on whether the proposed terms and conditions contained in the agreement were fair and reasonable, and whether they complied with the relevant legislative requirements. The case was heard in the Fair Work Commission.

The legal issues before the court included whether the proposed enterprise agreement provided for minimum rates of pay and conditions, and whether it was free from unlawful content. Additionally, the court considered whether the agreement had been genuinely negotiated and whether the process for approving the agreement had been followed correctly.

In reaching its decision, the Fair Work Commission examined the terms and conditions of the proposed agreement, taking into account the evidence presented by both parties. The Commission found that the proposed agreement provided for minimum rates of pay and conditions, and was free from unlawful content. The Commission was satisfied that the agreement had been genuinely negotiated and that the process for approving the agreement had been followed correctly. Accordingly, the Commission approved the All Skilled Security Staff Pty Ltd Enterprise Agreement 2019.

The Fair Work Commission approved the All Skilled Security Staff Pty Ltd Enterprise Agreement 2019, finding that it provided for minimum rates of pay and conditions, was free from unlawful content, and had been genuinely negotiated and approved in accordance with the relevant legislative requirements.

All Skilled Security Staff Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established